Derosa v. Computer Credit, Inc.

295 F. Supp. 3d 290
CourtDistrict Court, E.D. New York
DecidedMarch 28, 2018
DocketNo. 17–CV–3038 (JFB) (GRB)
StatusPublished
Cited by1 cases

This text of 295 F. Supp. 3d 290 (Derosa v. Computer Credit, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Derosa v. Computer Credit, Inc., 295 F. Supp. 3d 290 (E.D.N.Y. 2018).

Opinion

Joseph F. Bianco, District Judge:

Plaintiff Darian Derosa ("Derosa" or "plaintiff") brings this putative class action on behalf of himself and other individuals similarly situated,1 alleging that defendant Computer Credit, Inc. ("Computer Credit" or "defendant") violated the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq. Plaintiff's claims arise from a letter he received from Computer Credit, dated December 11, 2015, sent in an attempt to collect a past due debt owed to John T. Mather Memorial Hospital (the "Hospital"). First, plaintiff asserts that Computer Credit violated the FDCPA because the letter did not indicate that, under the agreement between plaintiff and the Hospital, the "Amount Due" could increase due to reasonable attorney's fees and court costs, if there is a default in payment and the Hospital retains an attorney to prosecute a claim for unpaid balances. Second, plaintiff asserts that Computer Credit violated the FDCPA because the letter did not disclose that the Hospital could seek pre-judgment interest under the New York Civil Practice Law and Rules ("N.Y. C.P.L.R.") § 5001 (" Section 5001").2 Computer Credit moves to dismiss these claims, pursuant to Federal Rule of Civil Procedure 12(b)(6), arguing that the letter is not false, misleading, or deceptive, nor does the letter misrepresent the amount of the debt. For the reasons set forth below, the Court grants Computer Credit's motion to dismiss in its entirety.

I. BACKGROUND

A. Factual Background

The Court takes the following facts from the complaint, as well as the collection notice from Computer Credit, which is attached *292to the complaint.3

Plaintiff alleges that he is a "consumer" and that Computer Credit is a "debt collector," as defined by the FDCPA. (Compl. ¶¶ 5, 10-12.) Plaintiff received a letter from Computer Credit, dated December 11, 2015, seeking to collect a financial obligation plaintiff incurred primarily for personal, family, or household purposes-a "debt" as defined by the FDCPA. (Compl. ¶ 8.) The letter, which lists an address of 17 Edna Lane, Selden, NY 11784-1529 in the upper-left corner, reads, in relevant part:4

Provider Detail
John T. Mather Memorial Hospital
Patient Accounts Credit Department
PAST DUE AMOUNT: $174.15
Dear Darian Derosa:
Your overdue balance with John T. Mather Memorial Hospital has been referred to Computer Credit, Inc. (also referred to in this letter as CCI) for collection. Our records indicate that this debt is your responsibility. This letter will serve to inform you that your account remains unpaid and we expect resolution of your obligation to the hospital. Computer Credit, Inc. is a debt collector. We are licensed by the New York City Department of Consumer Affairs, License Number 1247311.
This communication is an attempt to collect a debt and any information obtained will be used for that purpose. Unless you notify our office that you dispute the validity of this debt or any portion thereof within 40 days of receiving this letter, we will assume that the debt is valid and expect it to be paid.
Pay the amount due to prevent further collection activity by Computer Credit, Inc. We appreciate your attention to this matter.

(Compl. at 11-12 ("Ex. A," or "Letter").)

B. The Claims

Plaintiff asserts that, because of two specific omissions, this letter violates 15 U.S.C. §§ 1692e (" Section 1692e") and 1692g ("Section 1692g"). In particular, plaintiff contends that Computer Credit failed to notify him that: first , the "Amount Due" may increase due to "reasonable attorney's fees and court costs," and, second , the "Amount Due" may increase due to interest pursuant to N.Y. C.P.L.R. § 5001. (Compl. ¶¶ 15-18, 21-22, 32.)

With regard to the first purported omission, plaintiff notes that the agreement between Derosa and the Hospital allows the Hospital to charge Derosa, "in addition to the 'Amount Due' of $174.15, 'reasonable attorney's fees and court costs' 'if there is a default in payment of any sums due' and John T. Mather Memorial Hospital 'retains an attorney to prosecute a claim for unpaid balances.' " (Compl. ¶ 16.) Plaintiff further contends that Computer Credit, as an assignee or successor-in-interest, would have a right to charge Derosa the additional sum, and violated Sections 1692e and 1692g by failing to notify Derosa of this *293potential increase in debt. (Compl. ¶¶ 17-18.)

Plaintiff's second claim, as noted above, is premised on his argument that his debt could increase due to pre-judgment interest, as afforded by N.Y. C.P.L.R. § 5001. There is no allegation (nor does plaintiff argue) that, at the time defendant sent the debt collection letter, plaintiff's debt had been reduced to a judgment. Section 5001(a) states that "[i]nterest shall be recovered upon a sum awarded because of a breach of performance of a contract." (Compl. ¶ 24 (citing N.Y. C.P.L.R. § 5001(a) ).) Plaintiff asserts that this statute allows for interest to begin to accrue on the "earliest ascertainable date the cause of action existed." (Compl. ¶ 27 (citing N.Y. C.P.L.R. § 5001(b) ).) Plaintiff claims that interest, therefore, began accruing on or before the date Computer Credit sent the collection letter. (Compl. ¶¶ 26-32.) Relying on his argument that this pre-judgment interest would be recoverable, plaintiff claims Computer Credit violated the FDCPA by failing to notify Derosa of this potential increase in debt. (Compl. ¶ 19.)

C. Procedural Background

Plaintiff filed a complaint in the Supreme Court of the State of New York, County of Suffolk, on May 15, 2017. Defendant removed the case to this Court on May 19, 2017. Defendant filed a motion to dismiss on July 31, 2017.

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Bluebook (online)
295 F. Supp. 3d 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derosa-v-computer-credit-inc-nyed-2018.